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(영문) 서울중앙지방법원 2019.09.17 2019고정1396
과실치상
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

At around 13:30 on April 18, 2019, the Defendant was parked in the 101 Seoul Jongno-gu University (Seoul Jongno-gu University) parking lot for the 3rd underground floor of the Seoul National University Hospital (Seoul National University Hospital) Hospital, and the victim C (the 34 years old), who was parked close to the right side of the Defendant, was arranging the body by inserting the body into the vehicle under the condition that the back door of the D SM3 car parked close to the Defendant’s right side.

In such cases, when a passenger opens a door of a car in order to get off the vehicle, there may be damage to another vehicle parked next to the vehicle by even if the door of the vehicle is opened, or there may be any danger that people face with each other, so the vehicle has a duty of care to care in advance to prevent the occurrence of the accident by opening a door and opening a high door.

Nevertheless, the victim, who neglected to get on board the above string of the above strings of the passenger car and followed the slot sliding door, opened by the defendant's vehicle door even after the defendant's vehicle door, string the body as the back door of the victim's vehicle, was cut off between the vehicle door even and the body.

Ultimately, the Defendant, by negligence in breach of the above duty of care, sustained injury to the victim, such as a shoulder, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. CCTV recording CDs;

4. Application of Acts and subordinate statutes to the body of injury, photographs and written diagnosis of injury;

1. Relevant Article 266 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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